EPA Adds 16 Chemicals to EPCRA List

The final rule that is effective Nov. 30, 2010, adds them to the section 313 list of toxic chemicals, as EPA proposed in April 2010.

Nov 29, 2010

EPA published a final rule Nov. 26 adding 16 chemicals to the EPCRA section 313 list of toxic chemicals, as the agency had proposed in April. Each of the 16 chemicals meets the listing criteria under EPCRA section 313(d)(2)(B) -- the chronic human health effects criteria -- the agency determined.

The chemicals being added individually are: 1-amino-2,4-dibromoanthraquinone; 2,2-bis(bromomethyl)-1,3-propanediol; furan; glycidol; isoprene; methyleugenol; o-nitroanisole; nitromethane; phenolphthalein; tetrafluoroethylene; tetranitromethane; and http://www.cdc.gov/niosh/npg/npgd0660.html" target="_blank">vinyl fluoride. These chemicals are being added to the category for polycyclic aromatic compounds: 1,6-dinitropyrene; 1,8-dinitropyrene; 6-nitrochrysene; and 4-nitropyrene. This PACs category is a category of persistent, bioaccumulative, toxic chemicals, so it has a lower reporting threshold of 100 pounds.

This final rule takes effect Nov. 30, 2010, and applies for the reporting year beginning Jan. 1, 2011 (meaning for the reports due July 1, 2012). The docket for EPA's action at www.regulations.gov is Docket ID No. EPA-HQ-TRI-2010-0006.

All 16 chemicals have been classified "Reasonably Anticipated To Be Human Carcinogen" by the National Toxicology Program in its 11th Report on Carcinogens (RoC) document. EPA determined they are expected to be manufactured, processed, or used in quantities that will exceed the EPCRA section 313 reporting thresholds; EPCRA section 313(d)(2) says EPA may add a chemical to the list if any of the listing criteria in Section 313(d)(2) are met. The 313(d)(2) criteria are:

(A) The chemical is known to cause or can reasonably be anticipated to cause significant adverse acute human health effects at concentration levels that are reasonably likely to exist beyond facility site boundaries as a result of continuous, or frequently recurring, releases.

(B) The chemical is known to cause or can reasonably be anticipated to cause in humans:

cancer or teratogenic effects, or

serious or irreversible--

(I) reproductive dysfunctions,

(II) neurological disorders,

(III) heritable genetic mutations, or

(IV) other chronic health effects.

(C) The chemical is known to cause or can be reasonably anticipated to cause, because of

(i) its toxicity,

(ii) its toxicity and persistence in the environment, or

(iii) its toxicity and tendency to bioaccumulate in the environment,

a significant adverse effect on the environment of sufficient seriousness, in the judgment of the Administrator, to warrant reporting under this section.